Attorney General Defends Prosecution Of 9/11 Mastermind In Federal Court, Discusses Prison Reform

By Ravi Bhatia-Talk Radio News Service

During his testimony before the Senate Judiciary Committee Wednesday, Attorney General Eric Holder defended his decision to try Khalid Sheikh Mohammed, the self-proclaimed mastermind behind the 9/11 attacks, through the federal court system in New York rather than through military commissions.

President Barack Obama revived former President George W. Bush’s military commissions, also known as military tribunals, in May 2009 for a small number of Guantanamo Bay detainees. Obama's tribunals, deemed “Bush Light” by critics, provided terror suspects and war prisoners with more legal protections. However, the tribunals have been criticized for sacrificing American judicial values in order to prosecute prisoners quicker.

In his argument for employing federal courts rather than military courts, Holder cited the 300 convicted international and domestic terrorists currently in the custody of the Bureau of Prisons. He claimed that the United States could prosecute terrorists “safely and securely” in the federal system because “we have been doing it for years.”

“I studied this issue extensively,” Holder said in his opening statements. “I consulted the Secretary of Defense. I heard from prosecutors from my Department and from the Defense Department’s Office of Military Commissions. I spoke to victims on both sides of the question. And at the end of the day, it was clear to me that the venue in which we are most likely to obtain justice for the American people is in the federal court.”

While Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) defended Holder, saying that “we can rely on the American justice system,” the decision was met with criticism from Republican members of the committee. In one instance, Senator Lindsey Graham (R-S.C.) called Holder’s choice “a perversion of the justice system.”

“You’re a fine man,” Graham said to Holder. “I know you want to do everything to help this country be safe but I think you’ve made a fundamental mistake here.”

Senator Jon Kyl (R-Ariz.) mentioned that Mohammed had already said he would plead guilty to the terrorists acts.

“How could you be more likely to get a conviction in federal court when Khalid Sheikh Mohammed has already asked to plead guilty before military commission and be executed?” Kyl asked, garnering scattered applause and laughter from some audience members. “How can you be more likely to get a conviction in an Article III [federal] court than that?”

In response, Holder said, “the determination I make ... does not depend on the whims or the desires of Khalid Sheikh Mohammed. He said he wanted to do that then. I have no idea with what he wants to do now with regards to these military commissions that now [have] enhanced protections. My job is to look at the possibilities."

Holder also touched on issues such as prison reform legislation, claiming that drug courts specifically established for non-violent crimes have so far been effective, responding to Senator Al Franken's (D-Minn.) opinion that too many prisoners were in prison for drug possession.

“We’re essentially [taking] kids who are in possession of drugs and sending them to crime school," Franken said. "They learn from other criminals how to do crime, and two-thirds of them come back [after] they’re released within three years.”

“I’m familiar with the [drug court] we have here in Washington, D.C.... that has [proven] to be very successful in dealing with people who are selling drugs because they are addicted to drugs,” Holder said. “These are low level dealers, not the people who live in penthouses and drive big cars and all that.”

Holder recommended a data driven analysis of the U.S. prison system. He said that a “sentencing group” is looking at a “wide variety” of issues in U.S. prisons.

“Who is in jail?” Holder asked. “Are they in jail for appropriate amounts of time? Is the amount of time they spend in jail a deterrent? Does that have an impact on the recidivism rate? This group will be reporting back to me within the next couple of months. It is on that basis that we’ll be formulating policy and working with the Committee.”

Giuliani Opposes Trying Terrorists In NY Civil Court

By Marianna Levyash- Talk Radio News Service

At a phone conference Wednesday, former New York City Mayor Rudy Giuliani opposed trying 9/11 mastermind Khalid Sheikh Mohammed and other terrorists in civilian courts.

Giuliani said a more appropriate place for their trial would be miiltary tribunals for the terror suspects.

“There are military commissions that have now been confirmed and created by Congress...there is absolutely no reason to try these people in federal court in New York,” stated Giuliani.

The detainees are currently being held at Guantanamo Bay, Cuba and they would be transferred to a civil court in New York City.

Giuliani also noted that there is “no reason to put people through an intense re-living of what happened with the terrorist.”

Giuliani said that this will be a multi-year process and will continue to create an enormous expense for the city and state government to have these trials.

McCain campaign: Barack Obama, a typical liberal

Former Sen. Fred Thompson (R-Tenn.) while speaking on a conference call with reporters lambasted Sen. Barack Obama (D-Ill.) for being “a typical young liberal who did what was necessary to excel.” Thompson who was joined by McCain senior foreign policy advisor Randy Scheunemann joined in with Thompson in critiquing the senator from Illinois on his foreign policy.

The contention between the McCain and Obama campaigns came after the Supreme Courts 5-4 ruling that would give prisoners at Guantanamo Bay the right to challenge their detention in the American courts. While both McCain and Obama have pledged to close down Guantanamo Bay they differ on whether or not to conduct military tribunals. Sen. Obama supports allowing the detainees to use the court system while Sen. McCain would like to see the tribunals resurrected.

Thompson chastised Sen. Obama for supporting a measure that theoretically would allow Guantanamo detainees the right to the American courts. “Instead of approaching this from a military standpoint he wants it from a civil standpoint,” said Thompson. Thompson added that this was the same mentality and procedure under President Clinton and that it didn’t work.

Obama was also accused of being a flip flopper on the issue of the death penalty for Islamic extremists. Thompson said that Obama has vacillated on the issue and that he is just another “typical politician.”